Who Should Wield the Power of the Sword?
The U.S. Constitution assigns to the U.S. Congress the “power … to declare war.” Yet many view this congressional power as an anachronism that’s no longer applicable to today’s world.
The last time the United States declared war was during World War II, following the Japanese attack on Pearl Harbor in 1941, more than 80 years ago. In 1995, following American military interventions from Korea to Vietnam, and from the Persian Gulf to Bosnia, Congressman Henry Hyde opined, “I think it is a fact of modern history that declarations of war are gone. I think they are anachronistic.” Hyde at least acknowledged that “the Constitution assigns the declarations of war function to Congress and only to Congress.” But he added that “declaring war has consequences in a technologically advanced world that nobody wants to face.”
What we have faced instead has been the exercise of executive powers by presidents who claim to possess the authority to decide when to go to war. In his January 28, 2003 State of the Union Address, President George W. Bush said that “sending Americans into battle is the most profound decision a president can make.” The previous October, the Congress had passed a resolution that said essentially the same thing, by delegating its war-making authority to the president. The resolution authorized the president “to use the Armed Forces of the United States as he determines to be necessary and appropriate” (emphasis added) to defend the United States against Iraq and enforce United Nations Security Council resolutions against Iraq.
JBS Member or ShopJBS.org Customer?
Sign in with your ShopJBS.org account username and password or use that login to subscribe.
Subscribe Now
- 24 Issues Per Year
- Digital Edition Access
- Exclusive Subscriber Content
- Audio provided for all articles
- Unlimited access to past issues
- Cancel anytime.
- Renews automatically
Subscribe Now
- 24 Issues Per Year
- Print edition delivery (USA)
*Available Outside USA - Digital Edition Access
- Exclusive Subscriber Content
- Audio provided for all articles
- Unlimited access to past issues
- Cancel anytime.
- Renews automatically